1614 VIRGINIA AVE 2018-01-02 MF Import

3. monitor and evaluate the maintenance and performance of the System The Owner shall cooperate with the City and its contractors. li. I'hntm rapinv As part of the Program, the Owner grants the City the irrevocable right to use photographs of the System in all forms and media. C. Expiration of this Agreement. This Agreement expires on the fifth anniversary of the Effective Date. 1). Maintenance of Rain Garden. 1. Obligation to Maintain. Alter the installation of the Rain Garden and until the expiration of this Agreement, the Owner shall maintain the Rain Garden in accordance with the maintenance plan attached as Exhibit B to this Agreement ("Rain Garden Maintenance Plan"). This maintenance is at the Owner's sole cost. The Owncr shall not materially alter the Rain Garden without the written consent of the City Public Works Director or his/her designee. t. Procedure if Owner Pails to Maintain. If the Owner fails to maintain the Rain Garden in accordanrc with the Rain Garden Maintenance Plan, the City may deliver written notice of the failure to the Owner. If the City delivers such a notice, the Owner shall cure the failure within 30 days after the delivery of the notice. If the Owner does not cure the failure within the 30 days, the City may enter upon the Property and undertake any work necessary to maintain the Rain Garden, and the Owner shall reimburse the City for the costs the work within 10 days after delivery of an invoice from the City. D. City Right to Inspect. The Owner hereby grants permission for the City to enter upon the Property from time to time to inspect the Rain Garden. This permission remains in effect until the expiration of this Agreement. E. Other